The Board denied the veteran's claims for increased ratings and service connection, but granted service connection for a psychiatric disability (major depressive disorder) as secondary to his service-connected lumbar spine and knee disabilities. The issue of compensation under 38 U.S.C. § 1151 for additional left Dupuytren's contractures was also denied.
The deciding factor: The Board found that the veteran did not have a pre-existing psychiatric disability, and thus could not establish service connection as secondary to his service-connected disabilities. The denial of compensation under 38 U.S.C. § 1151 was based on the conclusion that the VA's carelessness or negligence in diagnosing and treating the post-operative infection did not cause the additional left Dupuytren's contractures.
- Claimed conditions
- status post medial meniscectomy with osteoarthritic changes, right knee, lumbar spine disability, bilateral hearing loss, tinnitus, major depressive disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 14, 2003
- Citation
- 0320204
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0320204.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Veteran's claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
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